| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B115397
|
People v. Lopez
Victim's preliminary hearing testimony properly admitted after reasonable diligence used to locate her for trial. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-3030
|
Kane v. Capital Guardian Trust Co.
Trust company isn't liable for liquidating Individual Retirement Account to pay tax levy against taxpayer. |
Taxation |
|
Apr. 12, 1999 | |
|
B113309
|
People v. Hong
Clerks must record restitution fines on abstracts of judgment. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
D027338
|
Rainbow Disposal Co. v. Mobilehome Park Rental Review Board (City of Escondido)
Mobilehome park rent review board's rent increase order is supported by substantial evidence. |
Real Property |
|
Apr. 12, 1999 | |
|
97-35551
|
US West Inc. v. Nelson
Johnson Act bars utility's federal action challenging constitutionality of state regulator's rate-setting policy. |
Administrative Agencies |
|
Apr. 12, 1999 | |
|
A080474
|
Stafford v. Mach
Insurer isn't entitled to relief from default judgment against insured after failing to exercise diligence. |
Insurance |
|
Apr. 12, 1999 | |
|
B116038
|
Burbank-Glendale-Pasadena Airport Authority v. City of Burbank
City's tax on airport parking is lawful, constitutional and consistent with airport joint powers agreement. |
Taxation |
|
Apr. 12, 1999 | |
|
C026835
|
City of Richmond v. Commission on State Mandates (State of California)
Statute eliminating offset for certain workers' compensation death benefits isn't a reimbursable state mandate. |
Workers' Compensation |
|
Apr. 12, 1999 | |
|
B103661
|
Lazarus v. Titmus
Motion to compel arbitration is properly denied where no evidence of party's consent to arbitration exists. |
Civil Procedure |
|
Apr. 12, 1999 | |
|
G019208
|
Guardianship of Kassandra H.
Court considering termination of guardianship must consider overall moral fitness of natural parent. |
Family Law |
|
Apr. 12, 1999 | |
|
G021058
|
Sierra Craft Inc. v. Magnum Enterprises Inc.
Local rule purporting to allow summary judgment in favor of non-moving party is void. |
Civil Procedure |
|
Apr. 12, 1999 | |
|
97-1209
|
Sule v. United States
Order |
Prisoners Rights |
|
Apr. 12, 1999 | |
|
96-1487
|
Elkassabi v. Suleiman
Order |
Employment Law |
|
Apr. 12, 1999 | |
|
97-16408, 97-16543, 97-16540 and 97-16596,
|
Bennett v. Yoshina
Counting blank ballots as 'no' votes doesn't violate voters' First or Fourteenth Amendment rights. |
Constitutional Law |
|
Apr. 12, 1999 | |
|
97-3031
|
Capital Cities/ABC Inc. v. Ratcliff
Carriers hired as independent contractors aren't eligible for benefits under their newspaper's ERISA plans. |
Employment Law |
|
Apr. 12, 1999 | |
|
E018940, E019158 and E019366
|
People v. Walker
Unconstitutional race-based peremptory challenge must appear racially motivated under all relevant circumstances. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-679
|
American Telephone & Telegraph Co. v. Central Office Telephone Inc.
Communications Act tariff provisions pre-empt long distance re-seller's state claims against common carrier. |
Constitutional Law |
|
Apr. 12, 1999 | |
|
F029389
|
Bakersfield v. WCAB
Individual designated as witness by one party but not called may be cross-examined by other party. |
Workers' Compensation |
|
Apr. 12, 1999 | |
|
96-15024
|
United States v. Baird-Neece Packing Corp.
Government may dismiss meritorious qui tam action over relator's objection for a legitimate governmental purpose. |
Government |
|
Apr. 12, 1999 | |
|
B112349
|
People v. Sanchez
Abstract of judgment must reflect order for restitution of laboratory fees. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-461
|
Wisconsin Dept. of Corrections v. Schacht
Presence of claim barred by Eleventh Amendment doesn't destroy removal jurisdiction over remainder of case. |
Constitutional Law |
|
Apr. 12, 1999 | |
|
96-1487
|
U.S. v. Bajakajian
Forfeiture of unreported currency transported out of country for lawful purpose is grossly disproportional to offense. |
Criminal Law and Procedure |
|
Apr. 12, 1999 | |
|
97-1113
|
Amos v. MD Dept. of Public Safety
Order |
|
Apr. 12, 1999 | ||
|
97-5460
|
Apker v. United States
Order |
|
Apr. 12, 1999 | ||
|
97-303
|
Humana v. Forsyth
Certiorari granted |
|
Apr. 12, 1999 | ||
|
97-1704
|
Ortiz v. Fibreboard Corp.
Certiorari granted |
|
Apr. 12, 1999 | ||
|
97-1709
|
Kumho v. Carmichael
Certiorari granted |
|
Apr. 12, 1999 | ||
|
97-16189
|
Atchison, Topeka and Santa Fe Railway Co. v. Hercules Inc.
Scheduling order barring late-filed third party claims doesn't bar assertion of permissive claims in separate actions. |
Civil Procedure |
|
Apr. 12, 1999 | |
|
97-55293
|
Slaven v. American Trading Transportation Co.
Party that unconditionally stipulates to settlement and entry of judgment may not appeal. |
Civil Procedure |
|
Apr. 12, 1999 | |
|
96-56571
|
Enesco Corp. v. Price/Costco Inc.
Lanham Act may entitle manufacturer of trademarked product to injunction requiring retailer to disclose repackaging |
Intellectual Property |
|
Apr. 12, 1999 |
